Drug-Facilitated Sexual Assault - DEA Victim Witness Assistance Program - U.S. DEPARTMENT OF JUSTICE DRUG ENFORCEMENT ADMINISTRATION
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
artment o
Dep f
.S.
U.S. DEPARTMENT OF JUSTICE
Ju
U
sti
ce
DRUG ENFORCEMENT ADMINISTRATION
. tion
Community Outreach and Prevention Support Section
stra
ini
ru
D
m
gE d
nforcement A
Drug-Facilitated
Sexual Assault
DEA Victim Witness Assistance Program
Drug-Facilitated Sexual Assault
Drug-facilitated sexual assault occurs when alcohol or drugs are used to
compromise an individual’s ability to consent to sexual activity. These
substances make it easier for a perpetrator to commit sexual assault
because they inhibit a person’s ability to resist and can prevent them from
remembering the assault.
Drug-facilitated sexual assault can happen to anyone, by anyone, whether
the perpetrator is a date, a stranger, an acquaintance, or someone you have
known a long time.
Alcohol remains the most commonly used drug in crimes of sexual assault.
Drugs being used by perpetrators in crimes of sexual assault include, but
are not limited to, Rohypnol, GHB (Gamma Hydroxybutyric Acid), GBL
(Gamma-Butyrolactone), and ketamine. In certain amounts, any drug can
leave you helpless.
Note: Although the term “date rape” is often used, that is misleading
because the circumstances in which these drugs are used often do NOT
involve a dating situation.¹
Drugs Used in Sexual Assaults
Rohypnol, GHB, GBL, Ketamine. These drugs are sometimes used by a
perpetrator as a tactic to facilitate sexual assault because they have sedative
effects as well as the ability to impair memory. Alcohol increases the effects
of these drugs.
Rohypnol is a trade name for flunitrazepam, a Schedule IV central ner
vous system depressant that belongs to a class of drugs known as
benzodiazepines. Flunitrazepam is also marketed as generic preparations
and other trade name products outside of the United States.
Like other benzodiazepines, Rohypnol
produces sedative-hypnotic, anti-anxiety, and
muscle relaxant effects. This drug has never
been approved for medical use in the United
States by the Food and Drug Administration.
Rohypnol Blister pack
Outside the United States, Rohypnol is com-
Rohypnol
monly prescribed to treat insomnia.
1 DrugFacilitated Sexual Assault,
www.janedoe.org/learn_more/what_is_sexual_violence/drug_facilitated_sexual_assault 3
Rohypnol is also misused to physically and psychologically incapacitate a
person targeted for sexual assault. The drug is usually placed in the alco
holic drink of an unsuspecting victim to incapacitate them and prevent
resistance to sexual assault. The drug leaves the victim unaware of what
has happened to them.²
Gamma-Butyrolactone, or GBL, is a list I chemi
cal that is used as a precursor in the illicit manu
facture of the Schedule I controlled substance
gamma-hydroxybutyric acid, or GHB.
GBL is a necessary and important chemical
precursor in the illegal production of GHB
because, to date, no other chemical has been
identified as a substitute for GBL in the illegal
manufacturing process.
GBL is a unique chemical precursor. It can be converted to GHB by a
simple chemical reaction or it can be ingested directly, without running a
chemical reaction. That is, the body efficiently converts GBL to GHB when
ingested. Because GBL is converted to GHB by the body's own action, GBL
is routinely substituted for GHB to obtain the same type of intoxication.
GBL and GHB induce a sense of euphoria and intoxication and are abused
for their central nervous system depressant effect. An overdose from GBL
or GHB may result in respiratory depression, coma, and even death. Both
substances have been associated with drug-facilitated sexual assaults.³
Ketamine, a Schedule III short acting anesthetic for
use in humans and animals, is another predatory
drug used by perpetrators of sexual assault.
It is a general anesthetic that causes individuals to
feel detached from their bodies and surroundings.
During an assault, a victim may be aware of what
is happening, but unable to move or fight back.
Ketamine may also cause amnesia so that the
victim does not remember the events that occurred.
2 Drug Enforcement Administration, Drugs of Abuse, https://www.dea.gov/pr/multimedilibrary/
publications/drug_of_abuse.pdf#page=58 (2015).
3 Exempt Chemical Mixtures Containing Gamma-Butyrolactone, 75 Fed. Reg. 37301-37307 (June 29, 2010)
(codified at 21 C.F.R. Part 1310), http://www.DEAdiversion.usdoj.gov/fed_regs/rules/2010/fr06293.htm
4
How These Drugs Work
These drugs are typically odorless, colorless, and tasteless when placed in a
drink. One exception is GBL, which has a bitter taste that can be masked
by strong-tasting drinks.
Within 30 minutes of ingestion, the individual may struggle to talk or move
and may pass out. At this point, the person is vulnerable to assault. Be-
cause of the effects of the drug, the victim may have little or no recollection
of the events and many victims do not report the crime.4
Not everyone is affected the same way. It is difficult to predict the exact
effects of any drug on a particular individual. The effects may vary
depending upon the drug, the dose ingested, and whether the drug is
mixed with alcohol or other drugs. Other factors that influence how a
particular drug will affect someone are weight, gender, metabolism, and
other issues, such as how soon medical assistance is received.
Diminished Capacity
Drugs and alcohol can cause diminished capacity, a legal term that varies in
definition from state to state. Diminished capacity exists when an indi-
vidual does not have the capacity to consent. Reasons for this inability to
consent include, but are not limited to, sleeping, passed out, unconscious-
ness, and mental incapacitation.
It is important to understand diminished capacity because oftentimes
victims of sexual assault blame themselves because they drank or used
drugs. It is important to emphasize that it is NOT the victim’s fault; the
attacker is the one who took advantage of the victim’s diminished capacity.
Against the Law
Drugging another person without their knowledge or consent is a crime.
The definitions of rape and sexual assault include having sex with someone
who is unable to consent because he or she is intoxicated, drugged, or
unconscious.
4 Drug-Facilitated Sexual Assault: A Forensic Handbook 66 (Marc A. LeBeau & Ashraf Mozayani eds., 2001). 5
In 1996, Congress passed the Drug-Induced Rape Prevention and Punish-
ment Act, as an amendment to the Controlled Substances Act.5 This
amendment established federal penalties of up to 20 years imprisonment
and fines for anyone convicted of committing a crime of violence, including
rape, by administering a controlled substance without the victim’s knowl-
edge or consent. There are also state laws that may be used to prosecute
these crimes.
On February 18, 2000, the Hillory J. Farias and Samantha Reid Date-Rape
Drug Prohibition Act of 2000 was enacted by Congress (Pub. L. 106-172, 114
Stat. 7).6 Public Law 106-172 declared GHB an imminent hazard to public
safety that required immediate regulatory action under the Controlled
Substances Act. 7
The Act was named after Hillory J. Farias, age 17, from Texas, who died in
1996, and Samantha Reid, age 15, from Michigan, who died in 1999, after
GHB was slipped into their soft drinks.
Signs You May Have Been Drugged
Depending on the substance, the initial effects of a drug can go unnoticed
or become apparent very quickly. Being familiar with the warning signs
can help alert you to the possibility of drugs in your system.
• Nausea
• Loss of bowel or bladder control
• Difficulty breathing
• Feeling drunk when you haven’t consumed any alcohol or consumed
very limited amounts
• Sudden increase in dizziness, disorientation, or blurred vision
• Sudden body temperature change that could be signaled by sweating or
chattering teeth
• Waking up with no memory or missing large portions of memories.8
If you notice any of these warning signs in yourself or someone you know,
immediately reach out to someone you trust. If you notice these symptoms
in another person, you should take steps to keep that person safe.
5 21 U.S.C. § 841(b)(7) (1996)
6 21 U.S.C. §§ 801, 802, 812, 827, 841, 960
7 Schedules of Controlled Substances: Addition of Gamma-Hydroxybutyric Acid to Schedule I
(65 Fed. Reg. 13235(March 13, 2000))(corrected at 65 Fed. Reg. 17440(April 3, 2000)) and
Placement of Gamma-Butyrolactone in List I of the Controlled Substances Act (21 U.S.C. § 802
(34)) (65 Fed. Reg. 21645(April 24, 2000)). http://www.DEAdiversion.usdoj.gov/fed_regs/rules/
2010/fr06293.htm.
8 Drug-Facilitated Sexual Assault, www.rainn.org/articles/drug-facilitated-sexual-assault
6
What To Do
If you think you or a friend may have been drugged, it is important to:
Get To Get
Get
A Safe Medical
Help
Place Care
Your immediate safety is a priority:
Call 911 if you are not safe.
Call the National Sexual Assault
Hotline at:
800-656-HOPE (4673).
You will be connected to a trained staff member from a local sexual assault
service provider in your area. They will direct you to the appropri-
ate local health facility that can care for survivors of sexual assault and
provide you with a sexual assault forensic exam and test your blood and
urine for substances. Some service providers may be able to send a trained
advocate to accompany you.
Preserve as much physical evidence as possible. Do not urinate, shower,
bathe, douche, or throw away clothing you were wearing during the inci-
dent. If reported to the police, go to the hospital emergency room as soon as
possible for an examination and evidence collection. Unless you are a
minor, the hospital staff will not report sexual assault to the police without
your consent.
Request the hospital to take a urine sample for drug toxicology testing to be
completed by a law enforcement crime lab.
If you cannot get to a hospital immediately, save your urine in a clean,
sealable container as soon as possible, and place it in the refrigerator or
freezer.
In addition to receiving medical attention, you may wish to have a sexual
assault forensic exam, sometimes called a “rape kit.”
7During this exam, someone specially trained to perform this exam, such as
a Sexual Assault Nurse Examiner, will collect DNA evidence that can help
identify the perpetrator.
You do not have to agree to a forensic exam to receive treatment, but doing
so may give you a stronger case against the perpetrator if you decide to
report the crime now or later.
Many of these drugs leave the body quickly, within 12 to 72 hours. 9
Rohypnol®
Leaves the body within 36-72 hours.
GHB
Leaves the body within 10-12 hours.
GBL
Leaves the urinary system within 6 hours
and the bloodstream within 24 hours.
8 9 Alcohol, Drugs, and Sexual Assault, http://www.kent.edu/srvss/alcohol-drugs-and-sexual-assultBe in Control. Reduce Your Risk.
Protect Yourself.
• Do not take drinks from people you do not know.
• Drink from tamper-proof bottles and cans. Do not drink beverages that
you did not open yourself.
• Do not share or exchange drinks with anyone.
• Do not take a drink from a punch bowl or a container that is being passed
around.
• Insist on pouring or watching while any drink is mixed or prepared.
• Do not leave your drink unattended while talking, dancing, using the
restroom, or making a phone call.
• If you realize your drink has been left unattended, discard it.
• Do not drink anything that has an unusual taste or appearance (e.g., salty
taste, excessive foam, unexplained residue, odd color or texture).
Watch Out For Your Friends
• Always leave a party or bar together.
• If a friend seems to have had more alcohol than actually consumed or is
acting out of character, get him/her to a safe place immediately.
• If you think you or a friend has been drugged, get help immediately.
• Get medical help. Be specific with doctors so they’ll give the right tests.
• Sexual violence can have psychological, emotional, and physical effects
on a survivor. These effects are not always easy to deal with, but can be
managed with the right help and support. Learning more can help you
find the best form of care to begin the healing process.
DO NOT MIX DRUGS AND ALCOHOL
9DEA Websites
For teens
For parents, caregivers, and educators.
For more information, please contact the
DEA Victim Witness Assistance Program by e-mailing:
VWAP.DEA@usdoj.gov
10This booklet was created by the Drug Enforcement Administration,
Office of Congressional & Public Affairs, Community Outreach and
Prevention Support Section, Victim Witness Assistance Program,
for the purpose of providing awareness of Drug-Facilitated Sexual
Assault and available resources.
This booklet is available for download:
www.dea.gov, Resource Center, For Victims of Crimes.
11Resources
Clery Center for Security on Campus: http://clerycenter.org/summary-
jeanne-clery-act
Crime Victim Compensation: www.nacvcb.org
Drug Enforcement Administration (DEA): www.dea.gov
DEA Diversion, Drug and Chemical Information:
http://www.DEAdiversion.usdoj.gov/drug_chem_info/index.html.
See Benzodiazepines, GHB, ketamine.
Jane Doe No More: www.janedoenomore.org
National Center for Victims of Crime: www.victimsofcrime.org
National Domestic Violence Hotline: www.thehotline.org
1-800-799-SAFE (1-800-799-7233) or 1-800-787-3224 (TDD)
National Human Trafficking Hotline: 888-373-7888
National Sexual Violence Resource Center:
http://www.nsvrc.org/saam/preventing-sexual-violence-campus
National Teen Dating Abuse Helpline: www.loveisrespect.org
856-331-9474
Office for Victims of Crime: www.ovc.gov
Rape, Abuse & Incest National Network (RAINN):
www.rainn.org Help 24/7: 800-656-HOPE (4673)
The Rape Foundation: www.therapefoundation.org
Sexual Assault Support for the DoD Community: www.safehelpline.org
Sexual Assault and the LGBTQ Community:
http://www.hrc.org/resources/sexual-assault-and-the-lgbt-community
The Drug Enforcement Administration does not endorse the organizations or views repre-
sented by the above organizations, and takes no responsibility for, and exercises no control
over, the accuracy, accessibility, copyright or trademark compliance, or legality of the
material contained on these websites.
VWAP-2 • APRIL 2017You can also read
